The
North Carolina General Assembly has produced a mixed bag of legislation
related to open government laws during the current session. The
legislators have added a little light to some areas, while closing the
shades to keep out the sunshine in others.

In April, Governor Pat McCrory turned Senate Bill 14
into law when he signed the legislation that adds transparency to the
Academic Standards Review Commission. The commission was created in
2014 to review the Common Core standards and began its work last fall.
The add-on to that enabling legislation mandates that all meeting
materials be placed on its website and that all meetings are to be live
streamed over the internet.

House Bill 405
is now law after the governor's veto of the legislation was overridden
by the General Assembly. It has been dubbed the "Ag-Gag" bill because
it is aimed at journalists who take jobs in agriculture to report on
inhumane or illegal practices. The new law allows business owners to
collect civil damages of up to $5,000 from those who violate the law.
In earlier versions of the bill, violations would have been criminal
offenses.

HB 97,
the Senate version of the House proposed budget, includes a long list
of policy issues and matters unrelated to budget issues. It's now set
for conference committee to work out the vast differences in the bill,
and one of the Senate amendments to it broadens the scope of public
records exemptions.

That particular portion of the controversial budget proposal states:
“...Sensitive public security information. (a) Public records, as
defined in G.S. 132-1, shall not include information containing
specific details of public security plans and arrangements or the
detailed plans and drawings of public buildings and infrastructure,
facilities or plans, schedules, or other documents that include
information regarding patterns or practices associated with executive
protection and security. (a1) Public records, as defined in G.S. 132-1,
shall not include specific security information or detailed plans,
patterns, or practices associated with prison operations. (a2) Public
records, as defined in G.S. 132-1, shall not include specific security
information or detailed plans, patterns, or practices to prevent or
respond to criminal, gang, or organized illegal activity.”

Opponents of the proposed legislation say that the exemptions are so
broad that it could make the governor's or other public servants'
calendar and travel protected from public scrutiny. Also of concern is
that law enforcement policies could be hidden from public view.

SB 299
became effective when it was signed into law by the governor on July 8.
It creates a new public records exemption for contracts with the State
Ports Authority for usage of the facilities. This was one of many
pieces of legislation that was included in multiple bills. The new law
states: “A usage contract entered into between the Authority and a
carrier is not a public record within the meaning of G.S. 132-1. For
purposes of this section, the term 'usage contract' means a contract or
agreement that contains terms and conditions involving terminal
services related to maritime activities, including dockage, wharfage,
cargo handling, storage, ro-ro service, transportation drayage, and
other miscellaneous port services."

This bill means that the amount of revenues associated with the contract also are secret as are the workings of the user.

The governor has also signed into law SB 578
that requires that the Department of Health and Human Services create
the Child Maltreatment Registry which, when it becomes effective Jan.
1, 2016, will be a list of childcare providers found to mistreat
children in their care. Most of the information collected by the
department during its investigation will be exempt from the Public
Records Law but the names of the providers will be public.

HB 184
has passed the House and is now in the Senate Judiciary 1 Committee. If
made into law, the bill sets a limit on how long a public exemption
would apply to many documents withheld from public scrutiny – 100
years. The legislation would not apply to any record that: “(1) Is
ordered to be sealed by any state or federal court, except as provided
by that court; (2) Is prohibited from being disclosed under federal
law, rule, or regulation; (3) Contains federal social security numbers;
(4) Is a juvenile, probationer, parolee, post releasee, or prison
inmate record including medical and mental health records; or (5)
Contains detailed plans and drawings of public buildings and
infrastructure facilities. (d) For purposes of this section, the
custodian of the record shall be the Department of Cultural
Resources or other agency in actual possession of the record."

HB 477,
has passed the House and has been in the Senate Rules and Operations
Committee since April 30. If passed and signed into law, the bill would
provide an exemption to the Open Records Laws for law enforcement,
firefighters and others who respond to emergencies. The bill states:
“... G.S. 132-1.7 is amended by adding a new subsection to read: "(b1)
Public records, as defined in G.S. 132-1, shall not include mobile
telephone numbers issued by a local, county, or state government to any
of the following: (1) A sworn law enforcement officer or non-sworn
employee of a public law enforcement agency. (2) An employee of a fire
department. (3) Any employee whose duties include responding to an
emergency."

Another law enforcement related bill, SB 699,
if made into law, would exempt from examination and inspection the
names, addresses, social security numbers, medical, disability and
emergency contact information of law enforcement officers upon request.
It was referred to the Senate Committee on Rules and Operations in
March. In April it moved to the Senate Judiciary Committee.

HB 543
would allow the N.C. Medical Board that licenses doctors, nurses and
physicians assistants more secrecy. On one hand, the review panel would
be required to post the names and practice addresses of all new
applicants. On the other hand, it exempts the review panel from the
open meetings laws. It has passed the House and is now on the Senate
side.

Law enforcement body and dashboard camera videos are the focus of HB 713
that has passed the House and is now in the Senate. The bill states: “A
person seeking an order under subsection (a) of this section to
inspect, examine, or obtain a copy of audio, video, or audio and video
recordings captured by a law enforcement officer's body-worn camera or
in-car camera must state the date and approximate time of the incident
or encounter captured by the body-worn camera or in-car camera or
otherwise identify the incident or encounter with reasonable
particularity. Notwithstanding any other provision of state law
regulating or prohibiting access to employee personnel records, a law
enforcement agency may release recordings captured by a law enforcement
officer's body-worn camera or in-car camera without the consent of the
law enforcement officer whose actions, visual or audible, are captured
on the recordings. Nothing in this subsection shall be construed as (i)
requiring a law enforcement agency to allow inspection, examination, or
release of audio, video, or audio and video recordings captured by a
law enforcement officer's body-worn camera or in-car camera or (ii)
superseding federal law that authorizes or prohibits access to
recordings subject to this subsection." (Sandy
Semans is a retired newspaper editor and reporter who now works as a
free-lance writer. She lives in Stumpy Point. Her update on the
goings-on in this session of the General Assembly will appear weekly in
The Island Free Press, usually on Friday.)